Terms of Service.
These Terms of Service ("Terms") form a binding agreement between Setflow AI LLC, a Montana limited liability company ("Setflow," "we," "us"), and you ("Client," "you"). By engaging Setflow's services or accessing our website, you agree to these Terms.
1. The Service
Setflow installs, configures, and operates a custom AI-powered DM conversion system (the "Service") for online coaching businesses. The Service handles incoming Instagram and Facebook direct messages on behalf of the Client: qualifying leads, answering questions, handling objections, and booking calls to the Client's calendar. It uses a combination of human operator oversight and AI models.
2. Eligibility
You represent that:
- You are at least 18 years old.
- You are engaging Setflow for a legitimate business purpose, not as a consumer.
- You own or are authorized to grant access to the Instagram and Facebook accounts you connect to the Service.
- Your use of the Service will comply with Meta Platforms' terms (Instagram Platform Policy, Messenger Platform Policy, Community Standards) and all applicable laws.
3. Client responsibilities
To deliver the Service, you agree to provide:
- Administrative access to your Instagram business account, Facebook Page, ManyChat workspace, and calendar booking tool.
- Accurate information about your offer, audience, and existing conversion flow.
- A consistent volume of incoming DMs (typically from paid advertising).
- Timely review of escalations the AI flags for human attention.
- Payment of fees per Section 5.
You are responsible for the content of your offer, the accuracy of claims you make about your program, and any disputes arising between you and your customers. Setflow is not a party to the underlying coach-client relationship.
4. Performance guarantee
The 30-day guarantee. During the first 30 days of live operation, if the Service does not outperform the conversion metrics of your current setter (as agreed in writing at engagement), you will receive a refund of fees paid for that period and may terminate at no further cost.
Outperformance is measured against:
- Booking rate (calls booked ÷ leads contacted), or
- Cash collected, or
- Another mutually agreed metric documented at engagement.
Baseline metrics must be supplied by Client in good faith at engagement. If no baseline is provided, the guarantee applies to a reasonable industry benchmark agreed by both parties.
5. Fees and payment
- Fees and payment cadence are set in your engagement letter or order form.
- Payment is collected via Stripe or another method mutually agreed.
- Late payment may result in suspension of the Service after 7 days' written notice.
- Fees are non-refundable except as expressly provided in Section 4 or as required by law.
6. Intellectual property
Our IP. Setflow owns the underlying prompt architecture, automation workflows, internal tooling, and methodologies used to operate the Service. We grant you a non-exclusive, non-transferable license to benefit from these during your active engagement. We do not assign or transfer ownership.
Your IP. You retain ownership of your brand, content, offer materials, and customer data. You grant Setflow a limited license to use these solely to operate the Service.
Aggregated learnings. We may use de-identified, aggregated patterns from engagements to improve the Service. We will not use your identifiable data outside your engagement.
7. Data and privacy
Setflow operates as a data processor with respect to Prospect data; you remain the data controller. Each party will comply with applicable data-protection law (GDPR, CCPA, and similar). Our handling of personal information is detailed in our Privacy Policy. Where required by law, you and Setflow will execute a Data Processing Agreement.
8. Third-party services
The Service depends on third-party platforms including Meta, ManyChat, Anthropic, OpenAI, and others (see Privacy Policy Section 5). Setflow is not responsible for outages, policy changes, account restrictions, or pricing changes imposed by those third parties. We will work in good faith to restore service or migrate where feasible.
In particular, Meta may suspend or restrict accounts at its discretion. Setflow does not guarantee continued access to Meta APIs and is not liable for revenue impact caused by Meta enforcement actions against your account.
9. Acceptable use
You will not use the Service to:
- Send unsolicited messages at a scale or in a manner that violates Meta's policies.
- Promote unlawful, deceptive, or harmful offers.
- Impersonate another person or business.
- Process Prospect data in ways inconsistent with Meta's terms or applicable law.
We may suspend the Service immediately if your use creates legal risk to Setflow or risks Meta enforcement against our infrastructure.
10. Termination
- Either party may terminate with 30 days' written notice.
- We may terminate immediately for material breach (including non-payment, Section 9 violations, or fraud).
- On termination, we will return or delete your data per the Privacy Policy. Outstanding fees survive termination.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, SETFLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, NOR DO WE GUARANTEE ANY SPECIFIC FINANCIAL OUTCOME EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SETFLOW'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO SETFLOW IN THE 3 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY.
13. Indemnification
You will indemnify and hold Setflow harmless from any claim arising out of:
- Your offer, content, or customer relationships.
- Your use of the Service in violation of these Terms, Meta policies, or applicable law.
- Any third-party claim that your data infringes their rights.
14. Governing law and venue
These Terms are governed by the laws of the State of Montana, USA, without regard to its conflict-of-laws principles. Any dispute will be brought exclusively in the state or federal courts located in Flathead County, Montana, and both parties consent to that jurisdiction.
15. Miscellaneous
- Entire agreement. These Terms, together with any signed engagement letter or order form, are the entire agreement between the parties.
- Assignment. You may not assign these Terms without our written consent. We may assign in connection with a sale, merger, or reorganization.
- Severability. If any provision is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver.
- Notices. Notices to Setflow must be sent to mohsinkhan@setflowai.net.
- Updates. We may update these Terms; material changes will be communicated to active Clients with at least 30 days' notice.
16. Contact
Setflow AI LLC1001 S Main Street, STE 600
Kalispell, MT 59901
United States
Email: mohsinkhan@setflowai.net